Escalation: Federal court sets emergency hearing on ban
An emergency hearing is set for 3:30 p.m. ET in Washington before U.S. District Judge Timothy Kelly on CNN, MS NOW and Politico’s bid to regain White House access. Kelly handled Jim Acosta’s pass dispute in 2018 and said the White House likely violated due process, the rule that government must use fair procedures before taking away access. A 1977 D.C. appeals court decision requiring clear standards and fair process for granting or revoking White House press access binds the court.
The Justice Department has asked the judge to leave the ban in place, arguing White House access is a privilege and the president may control entry to restricted areas such as the Oval Office. It accuses the three outlets of spreading falsehoods and publishing sensitive or classified information that threatened national security. Letters sent to the outlets on Tuesday cite stories on construction of the new White House ballroom and a related security complex, munitions supplies in the Iran war, an alleged FBI leak probe, and Russia sanctions, and give them until 5 p.m. Friday to contest the initial decision.
Trump has said Kelly “probably will” rule against him and insists the bans target national security risks, not press freedom. A ruling could come at the hearing or later; in the Acosta case, Kelly ruled two days after arguments.
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